Other conditions decisions — 2006

The veteran's brain tumor was not incurred in or aggravated by active military service and may not be presumed to have been so incurred. The claim for service connection is denied.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA Chapter 1606 educational assistance benefits in the amount of $4,489.22 due to failure to re-enlist within one year and acceptance of benefits after termination.

The Board found that the veteran's service-connected right ankle disability, characterized as post-traumatic arthritis, does not warrant an increased rating. The RO had previously granted a noncompensable disability rating and later increased it to 20 percent.

The Board dismissed the claims of CUE in the October 8, 1970 rating decisions regarding right femur fracture residuals and inguinal hernia as they were not properly pled.

The veteran's residuals of shell fragment wounds to Muscle Group IV on the left are not more than moderately disabling, and therefore a rating in excess of 10 percent is denied.

The Board found that the veteran's status post myocardial infarction is not related to his service-connected depression with anxiety, and thus denied service connection for this condition.

The Board denied service connection for beriberi, dysentery, malnutrition, malaria, and anemia as the veteran did not have these conditions during his active duty or for decades thereafter. The Board also found that he was not a prisoner of war.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 because the additional disability was not found to be caused by carelessness, negligence, or lack of proper skill on the part of the VA in providing medical treatment.

The Board has determined that the effective date for a total rating with special monthly compensation for service-connected bilateral eye disability is May 8, 1987.

The Board has determined that the veteran does not currently have a stomach ulcer and found no evidence of recurrence within one year of service separation. Therefore, service connection for a stomach ulcer is denied.

The VA determined that the veteran's left thigh injury, which was already service-connected, warranted a 30 percent rating effective February 12, 2001.

The veteran's claimed generalized weakness and paralysis are not deemed to be the result of VA care, thus compensation benefits pursuant to 38 U.S.C.A. § 1151 are denied.

The Board denied the claim of service connection for a psychiatric disorder and the application to reopen the issue regarding the character of discharge from service. The May 1986 administrative decision was not found to be clearly and unmistakably erroneous, and new evidence did not present material changes.

The veteran's service-connected paralysis of the left peroneal nerve was rated at 20 percent prior to August 8, 2002. Beginning on August 8, 2002, a higher rating is denied.,For the period beginning on August 8, 2002, the veteran's service-connected paralysis of the left peroneal nerve did not meet the criteria for a rating in excess of 20 percent.

The Board denied the veteran's claims for increased ratings for right orchiectomy and chronic prostatitis, finding that there was no evidence of cystitis or nocturia frequency to warrant a compensable rating.

The Board found that the cause of the veteran's death, metastatic esophageal cancer, was not caused or aggravated by his service-connected conditions, including his joint disabilities treated with NSAIDs.

The Board has reopened the veteran's claim for service connection of a right hip disorder and granted an evaluation in excess of 10 percent for his right ankle disability.

The Board found that the veteran's hiatal hernia was not incurred in or aggravated by active military service and denied his claim for service connection.

The Board found that the veteran's cause of death, squamous cell carcinoma of the hypopharynx, was not due to service or any service-connected disability. The Board also determined that this cancer did not contribute substantially or materially in producing the veteran's death.

The Board denied increased evaluations for the veteran's service-connected left knee conditions, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion.